The first in a series of three about the use of race in affirmative action. In 1978 Justice Blackmun wrote “I suspect that it would be impossible to arrange an affirmative-action program in a racially neutral way and have it successful.”[1] He went on to reason that “[i]n order to get beyond racism, we must first take account of race. There is no other way.”[2] The Court’s ruling on college admissions affirmative action in Fisher v. University of Texas at Austin attempts to walk a nonexistent line between Justice Blackmun’s ideas.[3] By find…